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I'm located in Texas and recently made my last child support payment. My daughter graduated in May and turned 18 on June 29. There is no court order for continuation, no past-due amount, and I haven't received any communication from the child support enforcement agency. Do I need to file... View More

answered on Jul 7, 2025
It depends. If your Order states specifically that your child support terminates on the child's birthday or when the child graduates high school, whichever comes second, and both of those things have happened then you don't need to file anything with the Court or the Attorney General.... View More
My son, who earns $11/hr working part-time for an events company and has a mental health diagnosis, has been served with papers by his ex-wife’s lawyer. The legal actions against him include requests for increased child support, extending support beyond age 18 due to alleged... View More

answered on Jul 1, 2025
Under the facts described, it seems likely that he will need financial assistance from family and/or friends to retain a lawyer with sufficient experience and skill who practices in the area of family law in or near the county of suit. While he may well qualify financially for legal assistance... View More
I am a veteran living in Houston, TX, previously honorably discharged from the army. I'm in a same-sex marriage, currently separated from my wife who is in San Antonio, TX. She had a child with an acquaintance, and I am listed as the other parent on the birth certificate. I've financially... View More

answered on Jun 27, 2025
Under Texas law, if you are listed as a parent on a child’s birth certificate AND have provided financial support, then you are presumed to be the father. Aside from that, any child born during your marriage is also your presumed child. This legal presumption applies regardless of biological... View More
I am divorced and my ex-husband, who was a serial cheater and abusive, agreed to pay me monthly spousal maintenance as outlined in our divorce decree. We were married for 23 years, and I didn't work for 12 years during our marriage. Recently, he has been harassing me, especially after I... View More

answered on Jun 27, 2025
If your ex-husband is failing to make spousal maintenance payments or threatening to stop them, you can file a Motion for Enforcement of Spousal Maintenance in the family court that issued your decree. The court can order him to pay arrears, issue a judgment against him, and, in some cases, hold... View More
I am divorced and my ex-husband, who was a serial cheater and abusive, agreed to pay me monthly spousal maintenance as outlined in our divorce decree. We were married for 23 years, and I didn't work for 12 years during our marriage. Recently, he has been harassing me, especially after I... View More

answered on Jun 27, 2025
You can see if you qualify for pro bono legal assistance at one of the many pro bono legal clinics in the State of Texas. Legally, you also can represent yourself; however, I would not recommend it. Unless you are thoroughly familiar with the legal process and what needs to be done, I do not... View More
I am incarcerated and facing child support arrears issues. My attorney informed me on 4/21/25 that my discovery was due by 4/28/25. I sent the required documents by 4/25/25, but my attorney failed to find the email and only tried to submit them on the hearing day. The court didn't allow it,... View More

answered on Jun 10, 2025
Evidence like your VA disability and financial situation should have been considered in the proceeding determining the amount of child support you were ordered to pay. If that changed in your favor after the child support order was entered, it was incumbent on you to promptly file a motion to... View More
I am a disabled veteran with child support arrears that have accumulated since 2001. My current income is significantly less than what it was when my child support was originally calculated, as my only income now is VA disability. I am currently incarcerated for contempt due to these arrears.... View More

answered on Jun 10, 2025
Thank you for your service. I don't have good news—you cannot modify your CS arrears like that. What should have taken place was a CS modification on your monthly obligation (different from arrears) when your income changed substantially. If it's been more than 10 years since your child... View More
I'm currently going through a divorce in Dallas, Texas, and the judge pointed out defective language in our filing concerning our child, who is now 18. There are issues related to child support and the child's well-being. Should I fix these issues in the current filing, or would it be... View More

answered on May 30, 2025
It would be simple to amend the existing pleading. An amended pleading replaces the previous pleading. Your attorney should be able to accomplish this very quickly and inexpensively.
I recently discovered that my tax return was offset due to child support arrears, and the Office of the Attorney General processed this offset. Although I have contacted them to request a review of my situation, my requests are being ignored. What steps can I take to contest or address this offset... View More

answered on May 15, 2025
First, run a copy of your child support payment record and review it to determine why the AG thinks you owe child support if you think you have been making all of your payments. Make sure that the record is accurate.
Second, if the amount of your tax refund exceeded the amount that your... View More
I have not received my personal injury settlement, and it's been almost 9 months since it was settled. I've been in contact with my lawyers, who often change the subject when I inquire and say it takes time. No specific agreement was made on when the settlement would be disbursed to me.... View More

answered on May 13, 2025
You might want to communicate with the other parent to whom the child support is owed. If they are trying to negotiate a release of the child support lien for less than the amount you owe, the other parent may be the stumbling block.
I have been paying child support for my daughter, who is now 32 years old, married, has two children, and owns a home. Due to my current circumstances, including caring for my bedridden father and not working, I need to terminate this obligation. What steps or forms do I need to complete to request... View More

answered on May 13, 2025
You need to take your court order and case file to an attorney who practices family law in or near the county where the court is located that issued the child support order. There are almost certainly relevant facts which are not contained in your question. In most cases, a child support... View More
I am paying child support for my 32-year-old daughter, who is married and has two children. Despite her situation, these payments continue, and my daughter and her mother refuse to drop them, resulting in my struggle for 26 years. Currently, I'm unemployed due to having to care for my... View More

answered on May 13, 2025
By Texas law, child support ends when the child turns 18 or graduates from an accredited high school, whichever is later. You need to check your final court order. You can also submit a judge-signed withholding order to your employer to stop the child support garnishment.
I have a strong... View More
I have been faithfully paying child support for several years, totaling over $39,000. The other party owes me approximately $2,000. Now, they are attempting to take me back to court to offset their owed payments. Can they do this, and how should I proceed with the existing disparity in owed amounts?

answered on May 7, 2025
A party can take the other party back to court to recalculate child support if three years have passed and the amount of the child support would change by at least one hundred dollars, or 20%. A party can also take you back to court if there has been a substantial change in circumstance.... View More
Is it legal for unpaid child support to appear on my credit report? I am concerned about how this might affect my credit, and I need guidance on this situation.

answered on Apr 28, 2025
It is both legal and required. Unpaid child support can (and should) affect your credit. Child support is a "preferred" debt that takes priority over many other types of debt in the event of a priority dispute or bankruptcy. A child support lien is usually going to be satisfied first,... View More
I am worried about my child's severe medical needs being neglected by the father, despite a court order in our Final Divorce Decree to communicate through the Talking Parent app and share medical decision rights. Out of 300 messages I've sent over two years, the father has opened only 20%... View More

answered on Apr 14, 2025
You can file a motion to modify in suit affecting the parent-child relationship. The fact that the divorce court judge has already found it necessary for you two to communicate through the Talking Parent app indicates the judge is already aware that you two have communication problems. 300... View More
I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More

answered on Apr 1, 2025
I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.
Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax... View More
I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More

answered on Apr 1, 2025
Legally, only one parent can claim a child as a dependent on that parent's individual federal income tax return. The IRS has Publication 504 which discussed this issue in depth: https://www.irs.gov/forms-pubs/about-publication-504
On a more practical note, I am familiar with... View More
I am a non-custodial parent of a 10-year-old child and am considering giving up my parental rights because my work schedule prevents me from seeing the child. There is a court order in place, and the custodial parent is not in agreement with me giving up my rights. Additionally, I have requested a... View More

answered on Mar 31, 2025
In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally... View More
Hi, I have been with my partner now for 17yrs but married for almost nine years. Living together for a total of 15 years. My husband surprised my children and I and bought us a house1 year before we wed. His name is the only name on the deed but I’ve bought all appliances and the entire home... View More

answered on Mar 25, 2025
If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.
Otherwise, if the home was purchased by him before you were married, it is his separate property.... View More
I'm currently paying child support for children who have been adults for over four years. Despite this, money is still being deducted from my paycheck weekly. I have received some correspondence from the child support office but no explanation as to why these payments continue. How can I get... View More

answered on Mar 21, 2025
1. Fill out the required Income Withholding for Support Order (IWO) form.
2. Print the IWO form.
3. If possible, hire an attorney to review your completed IWO form.
4. Take the completed IWO form to the Judge who signed, or will sign, your order for child support, cash... View More
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